The Alabama last will and testament is a document that a person may use to make sure loved ones are given certain real and personal property after their death. The form must be written when the person is of sound mind and with at least two (2) witnesses (§ 43-8-131). Furthermore it should be recommended that the testator and witnesses sign with a notary public present so that it cannot be contested during the estate or probate process.

Definition – § 43-8-1(34)

Laws – Title 43, Chapter 8 (Probate Code)

Witnesses – Under § 43-8-131 the document must be signed with two (2) individuals that are not recognized in the Will.

How to Write

Step 1 – Establish Testator – Complete the full name of the testator or the person for whom the will is being established, at the top of the form

• Name of Testator
• City of Residence
• County of Residence
• Testator must carefully review the remainder of the paragraph and review the Expense and Tax information

Step 2 – Nomination of Personal Representative –

• Enter the full name of the representative
• Name of the city in which the representative resides
• County
• State

Alternate Personal Representative – in the event the initial representative becomes unable or unwilling to serve –

• Enter the full legal name of the alternate appointee
• Name of appointee’s city
• County
• State

Step 3 – Disposition of Property –

 Beneficiary – Enter the information for each:

• Full legal name
• Current address
• Relation to testator
• Enter the last four digits of social security number
• Enter the property being bequeathed for each beneficiary

The Testator must read the remaining information pertaining to how property is distributed in the event a beneficiary dies prior to the testator

Step 4 – Testator must carefully read the following sections:

• Omission
• Bond
• Discretionary Powers of Personal Representative A through
• Contesting Beneficiary
• Guardian Ad Litem  Not Required
• Gender
• Assignment
• Governing Law
• Binding Arrangement

Step 5 – Signatures and Witnesses – All signatories must be present prior to signing this document:

• Enter the testator’s name
• Date of testator’s signature in dd/mm/yyyy format
• Testator Signature
• Testator (Printed Name)

Witnesses – Must read the brief statement –

• Date the document in dd/mm/yyyy format
• Enter the name of the testator

Witness 1 – 

• Witness Signature
• Address

Witness 2 –

• Witness Signature
• Address

Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:

• State
• County
• Name of testator
• Name of Witness 1
• Name of Witness 2
• AND ENTER
• Testator Signature
• Witness 1 Signature
• Witness 2 Signature

Step 7 – Notarization – Once the notary public has witness all signatures he/she will complete the remainder of the document and authenticate it by affixing their state seal

Related

Living Trust – Unlike a will, it by-passes the Probate process by allowing an individual to have their property transfer directly to their heirs after death.